Connecticut Seal

General Assembly



January Session, 2017

LCO No. 6157



Offered by:


REP. PORTER, 94th Dist.

REP. SLAP, 19th Dist.

SEN. GOMES, 23rd Dist.


To: House Bill No. 5591

File No. 66

Cal. No. 78


Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 31-75 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) No employer shall discriminate in the amount of compensation paid to any employee on the basis of sex. Any difference in pay based on sex shall be deemed a discrimination within the meaning of this section.

(b) If an employee can demonstrate that his or her employer discriminates on the basis of sex by paying wages to employees at the employer's business at a rate less than the rate at which the employer pays wages to employees of the opposite sex at such business for equal work on a job, the performance of which requires equal skill, effort and responsibility, and which are performed under [similar] comparable working conditions, such employer must demonstrate that such differential in pay is made pursuant to (1) a seniority system, provided time spent on leave due to a pregnancy-related condition or protected family and medical leave shall not reduce seniority; (2) a merit system; (3) a system which measures earnings by quantity or quality of production; or (4) a differential system based upon a bona fide factor other than sex, such as education, training or experience. Said bona fide factor defense shall apply only if the employer demonstrates that such factor (A) is not based upon or derived from a sex-based differential in compensation, and (B) is job-related and consistent with business necessity. An employee's prior wage and salary history shall not be considered a bona fide factor defense to such claim. Such defense shall not exist where the employee demonstrates that an alternative employment practice exists that would serve the same business purpose without producing such differential and that the employer has refused to adopt such alternative practice.

(c) No employer shall discharge, expel or otherwise discriminate against any person because such person has opposed any discriminatory compensation practice or because such person has filed a complaint or testified or assisted in any proceeding pursuant to section 31-76.

Sec. 2. Section 46a-62 of the general statutes is repealed. (Effective October 1, 2017)"

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2017


Sec. 2

October 1, 2017

Repealer section